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  • Commentaries
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tenth-circuit-upholds-stringent-&amp Case Commentaries

“Beyond the Subpoena Power” – Seventh Circuit Defines Rule 15
            Unavailability and Clarifies Waiver of Confrontation Rights
            in United States v. Shawn Baldwin

“Beyond the Subpoena Power” – Seventh Circuit Defines Rule 15 Unavailability and Clarifies Waiver of Confrontation Rights in United States v. Shawn Baldwin

Date: Aug 18, 2025
“Beyond the Subpoena Power” – Seventh Circuit Defines Rule 15 Unavailability and Clarifies Waiver of Confrontation Rights Commentary on United States v. Shawn Baldwin, No. 21-2925 (7th Cir. 2025) 1....
Fourth Circuit Confirms Fifth-Amendment Right to Effective Retained Counsel in Removal Proceedings: Commentary on Sulma Guandique-De Romero v. Pamela Bondi

Fourth Circuit Confirms Fifth-Amendment Right to Effective Retained Counsel in Removal Proceedings: Commentary on Sulma Guandique-De Romero v. Pamela Bondi

Date: Aug 18, 2025
Fourth Circuit Confirms Fifth-Amendment Right to Effective Retained Counsel in Removal Proceedings (Sulma Guandique-De Romero v. Pamela Bondi, 24-1154, decided 13 Aug 2025) Introduction The published...
“Miss the Clock, Lose the Power” – Fourth Circuit Affirms Automatic Approval of Wireless-Tower Applications When Virginia Localities Exceed the 150-Day Statutory Deadline

“Miss the Clock, Lose the Power” – Fourth Circuit Affirms Automatic Approval of Wireless-Tower Applications When Virginia Localities Exceed the 150-Day Statutory Deadline

Date: Aug 18, 2025
“Miss the Clock, Lose the Power” – Fourth Circuit Affirms Automatic Approval of Wireless-Tower Applications When Virginia Localities Exceed the 150-Day Statutory Deadline Introduction Tillman...
Constructive Possession through “Tools-of-the-Trade” & the Nexus Test under § 924(c): Commentary on United States v. Carlisa Allen (4th Cir. 2025)

Constructive Possession through “Tools-of-the-Trade” & the Nexus Test under § 924(c): Commentary on United States v. Carlisa Allen (4th Cir. 2025)

Date: Aug 18, 2025
Constructive Possession through “Tools-of-the-Trade” & the Nexus Test under § 924(c): Commentary on United States v. Carlisa Allen, No. 24-4169 (4th Cir. Aug. 13 2025) 1. Introduction In United...

    Incomplete Discovery and Post-Plea Misconduct: The Fourth Circuit’s
    Materiality Standard for Rule 11(d)(2)(B) Withdrawals and Flexibility
    in § 3E1.1 Acceptance-of-Responsibility Credits

Incomplete Discovery and Post-Plea Misconduct: The Fourth Circuit’s Materiality Standard for Rule 11(d)(2)(B) Withdrawals and Flexibility in § 3E1.1 Acceptance-of-Responsibility Credits

Date: Aug 18, 2025
Incomplete Discovery and Post-Plea Misconduct: The Fourth Circuit’s Materiality Standard for Rule 11(d)(2)(B) Withdrawals and Flexibility in § 3E1.1 Acceptance-of-Responsibility Credits Introduction...
Immaterial Discovery Errors and Post-Plea Conduct: The Milam Standard for Guilty-Plea Withdrawal and Acceptance-of-Responsibility Credits

Immaterial Discovery Errors and Post-Plea Conduct: The Milam Standard for Guilty-Plea Withdrawal and Acceptance-of-Responsibility Credits

Date: Aug 18, 2025
Immaterial Discovery Errors and Post-Plea Conduct: The Milam Standard for Guilty-Plea Withdrawal and Acceptance-of-Responsibility Credits Introduction United States v. David Milam, Nos. 23-4527/28/29...
The Milam Materiality Doctrine: Non-Prejudicial Discovery Errors Cannot Justify Withdrawal of a Guilty Plea

The Milam Materiality Doctrine: Non-Prejudicial Discovery Errors Cannot Justify Withdrawal of a Guilty Plea

Date: Aug 18, 2025
The Milam Materiality Doctrine: Non-Prejudicial Discovery Errors Cannot Justify Withdrawal of a Guilty Plea Introduction United States v. David Milam, Nos. 23-4527/28/29 (4th Cir. 2025), presented...
United States v. Myrick: When a Hearing Does NOT End Speedy-Trial Tolling under § 3161(h)(1)(D)–(H)

United States v. Myrick: When a Hearing Does NOT End Speedy-Trial Tolling under § 3161(h)(1)(D)–(H)

Date: Aug 18, 2025
United States v. Myrick: When a Hearing Does NOT End Speedy-Trial Tolling under § 3161(h)(1)(D)–(H) Introduction United States v. Melvin Leon Myrick, No. 23-4768 (4th Cir. Aug. 13, 2025), offers the...
Beyond the Mis-Instruction: Eleventh Circuit Clarifies that Erroneous “Unlawful-Activity” Stand-Your-Ground Charge Does Not, Without More, Establish Strickland Prejudice

Beyond the Mis-Instruction: Eleventh Circuit Clarifies that Erroneous “Unlawful-Activity” Stand-Your-Ground Charge Does Not, Without More, Establish Strickland Prejudice

Date: Aug 18, 2025
Beyond the Mis-Instruction: Eleventh Circuit Clarifies that Erroneous “Unlawful-Activity” Stand-Your-Ground Charge Does Not, Without More, Establish Strickland Prejudice Introduction Larry Felton...

        Villarino II and the CAFA Threshold: Eleventh Circuit Requires Determination of Amount-in-Controversy Before Merits Dismissal

Villarino II and the CAFA Threshold: Eleventh Circuit Requires Determination of Amount-in-Controversy Before Merits Dismissal

Date: Aug 18, 2025
Villarino II and the CAFA Threshold: Eleventh Circuit Requires Determination of Amount-in-Controversy Before Merits Dismissal 1. Introduction In Shane Villarino v. Kenneth Joekel, No. 24-11124 (11th...
United States v. Wilks (11th Cir. 2025): Narrowing “Fair-and-Just” Plea Withdrawals and Re-affirming Wide Latitude for Upward Variances

United States v. Wilks (11th Cir. 2025): Narrowing “Fair-and-Just” Plea Withdrawals and Re-affirming Wide Latitude for Upward Variances

Date: Aug 18, 2025
United States v. Wilks (11th Cir. 2025): Narrowing “Fair-and-Just” Plea Withdrawals and Re-affirming Wide Latitude for Upward Variances Introduction United States v. Javonne Wilks, decided on 13...
Eleventh Circuit Clarifies Predicate-Offense Scope: Alabama “Sexual Misconduct” Convictions Qualify as “Relating to Sexual Abuse” for Federal Child-Pornography Enhancements

Eleventh Circuit Clarifies Predicate-Offense Scope: Alabama “Sexual Misconduct” Convictions Qualify as “Relating to Sexual Abuse” for Federal Child-Pornography Enhancements

Date: Aug 18, 2025
Eleventh Circuit Clarifies Predicate-Offense Scope: Alabama “Sexual Misconduct” Convictions Qualify as “Relating to Sexual Abuse” for Federal Child-Pornography Enhancements Introduction United States...
State v. Evans (2025): Clarifying “More-Than-Minimal Familiarity” for Lay Identifications and Defining Reasonable Temporal Limits on CSLI Warrants

State v. Evans (2025): Clarifying “More-Than-Minimal Familiarity” for Lay Identifications and Defining Reasonable Temporal Limits on CSLI Warrants

Date: Aug 18, 2025
State v. Evans (Supreme Court of Connecticut, 2025): Clarifying “More-Than-Minimal Familiarity” for Lay Identifications and Defining Reasonable Temporal Limits on CSLI Warrants Introduction In State...
“From Familiar Faces to Fleeting Glimpses” — State v. Evans (2025) and the New, Broadened Standard for Lay-Witness Identifications from Surveillance Images

“From Familiar Faces to Fleeting Glimpses” — State v. Evans (2025) and the New, Broadened Standard for Lay-Witness Identifications from Surveillance Images

Date: Aug 18, 2025
“From Familiar Faces to Fleeting Glimpses”: State v. Evans (Conn. 2025) Expands the Admissibility of Lay-Witness Identifications from Surveillance Media 1. Introduction State v. Evans is a murder...
State v. Myers (2025):  Re-Drawing the Line Between Evidentiary and Constitutional Error in Third-Party Culpability Cases

State v. Myers (2025): Re-Drawing the Line Between Evidentiary and Constitutional Error in Third-Party Culpability Cases

Date: Aug 18, 2025
State v. Myers (Conn. 2025): Clarifying When the Exclusion of Third-Party Culpability Evidence is Merely Evidentiary, Not Constitutional Introduction State v. Myers, officially released on 12 August...
Extending Standing Under the Nebraska Uniform Power of Attorney Act: A Commentary on Kimball v. Rosedale Ranch, 319 Neb. 650 (2025)

Extending Standing Under the Nebraska Uniform Power of Attorney Act: A Commentary on Kimball v. Rosedale Ranch, 319 Neb. 650 (2025)

Date: Aug 16, 2025
Extending Standing Under the Nebraska Uniform Power of Attorney Act: A Commentary on Kimball v. Rosedale Ranch, 319 Neb. 650 (2025) Introduction The Nebraska Supreme Court’s decision in Kimball v....
Clarifying the Boundary Between Medical Screening and Strip Search: Sanchez v. Binghamton CSD (2d Cir. 2025)

Clarifying the Boundary Between Medical Screening and Strip Search: Sanchez v. Binghamton CSD (2d Cir. 2025)

Date: Aug 16, 2025
Clarifying the Boundary Between Medical Screening and Strip Search: Sanchez v. Binghamton City School District 1. Introduction Sanchez v. Binghamton City School District, No. 24-2125-cv, decided by...
The Kovac Default Doctrine: When Serial Misconduct and Procedural Default Mandate Revocation in Wisconsin Attorney Discipline

The Kovac Default Doctrine: When Serial Misconduct and Procedural Default Mandate Revocation in Wisconsin Attorney Discipline

Date: Aug 16, 2025
The Kovac Default Doctrine: Serial Misconduct + Procedural Default = Mandatory Revocation in Wisconsin Introduction Office of Lawyer Regulation v. Peter J. Kovac, 2025 WI 41 is the latest and most...
“Beyond the Furrow”: Ohio Supreme Court Holds that Items Used in Intermediate Farming Steps Qualify for the R.C. 5739.02(B)(42)(n) Sales/Use-Tax Exemption

“Beyond the Furrow”: Ohio Supreme Court Holds that Items Used in Intermediate Farming Steps Qualify for the R.C. 5739.02(B)(42)(n) Sales/Use-Tax Exemption

Date: Aug 15, 2025
“Beyond the Furrow”: Ohio Supreme Court Holds that Items Used in Intermediate Farming Steps Qualify for the R.C. 5739.02(B)(42)(n) Sales/Use-Tax Exemption 1. Introduction In Claugus Family Farm, L.P....
Affirming BTA’s Discretion in “Battles of Appraisals”: The Guide-Post Valuation Rule from Rover Pipeline, L.L.C. v. Harris

Affirming BTA’s Discretion in “Battles of Appraisals”: The Guide-Post Valuation Rule from Rover Pipeline, L.L.C. v. Harris

Date: Aug 15, 2025
Affirming BTA’s Discretion in “Battles of Appraisals” Rover Pipeline, L.L.C. v. Harris (2025-Ohio-2806) and the New Guide-Post Valuation Rule for Public-Utility Property Introduction The Supreme...
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